California Court of Appeal

Defendant Garrett's sentence for multiple offenses committed when he was 17, including second degree robbery and kidnapping for robbery, is reversed and remanded for resentencing, where: 1) defendant Garrett was sentenced to 74 years and 4 months to life; 2) defendant Garrett's sentence is the functional equivalent of a life sentence without parole; and 3) Senate Bill No. 260, which provides juvenile offenders sentenced to the equivalent of a life sentence without parole, a parole eligibility mechanism, does not cure the constitutional error in sentencing because the United States and California Supreme Courts have clearly required the sentencing court to consider the factors of youth and maturity when selecting the initial punishment.

Appellate Information

• Decided 06/30/2014
• Published 06/30/2014

Judges

• HOCH

Court

• California Court of Appeal

Counsel